KENTON COUNTY FISCAL COURT

M I N U T E S

APRIL 8, 2008, 9:00 A.M.

The regular meeting of the Kenton County Fiscal Court was called to order at the Independence Courthouse.  Present at the meeting were Judge Executive Ralph A. Drees; Commissioners Dan Humpert and Kris Knochelmann; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Jerry Knochelmann; Human Resources Director Joe Shriver; Police Chief Ed Butler; Chief Deputy in the County Clerk's Office, Danny Miles; Special Projects Manager Ralph Bailey; Jailer Terry Carl; Court Reporter Cathy Johnston; and Guests.

Commissioner Sara Voelker was absent because of illness.

Invocation and Pledge of Allegiance

The invocation was given and pledge of allegiance led by Commissioner Kris Knochelmann­­­­­­­­­­­­­

Approval of Minutes

Judge Drees asked the court for approval of the minutes dated March 25, 2008.  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann.  The motion was unanimously approved with the vote of aye.

Delegations

Inform the court and county of the activities of the Northern Kentucky Horse Network, Dick Lockhart reporting.  Mr. Lockhart said the horse network was a group of folks in Northern Kentucky who put together a positive force so that the horsemen in this area can introduce a horse to the general public in a safe way.  Mr. Lockhart said he was the original president of the Kentucky Horse Council and had dealt with animal rights people.  The network is basically the spokesperson for the horse, the owner, and farm owners.  It is not a lobby group and not coming to the fiscal court to ask for money because they had been able to get grants and go to private individuals.  This week the group is instituting large animal rescue practice with outside professional trainers.  This work is done to rescue any large animal through fire departments and police departments in all counties.

A newsletter was passed out to the court members telling about the horses and the network.  Mr. Lockhart mentioned Devou Park and a riding trail.  The reason the horse network is a part of this is to make sure it is done safely for the horse and the general public and to make sure the insurance is correct.  In today's society, you have to make sure all liability is covered.  The PETA Association is now calling a horse a companion animal and is really pushing to make sure horses will eventually not be kept in barns.  Mr. Lockhart said he wanted to make the court aware that the group is there.

Commissioner Humpert complimented Mr. Lockhart on the newsletter and said it would be nice if the fiscal court could be put on the mailing list to receive it.  He also said that he thought the Devou Park was a good idea and that when people thought about Kentucky, they usually thought about horses.

Mr. Edmondson said he owned three quarter horses that are in Carroll County and he also wanted to be put on the mailing list.  He said he had also worked several years ago on trying to develop facilities in Devou Park with an assistant city manager.  There still should be some plans at the city.

Judge Drees thanked Mr. Lockhart for his report and appearance at the court.

General Business

No general business items were brought to the court's attention.

Resolutions

Resolution 08-01D

Adjustments between appropriation accounts to provide necessary funding for items identified on the schedule:  There being no discussion or questions, Commissioner Knochelmann made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the voice vote of aye.

Resolution 08-07

Acknowledgement of the board of directors for the Kenton County Community Corrections Committee for having said committee participate and apply for grants in the community corrections program:  Mr. Kimmich said this board was established in the late 1990's and is actually a nonprofit corporation established in the Secretary of State's office for the purpose of making an application for grants and developing programs or alternatives to sentencing.  Judge Greg Bartlett has served on and chaired this committee for quite some time.  The county anticipates applying for grants to assist in this program and it is necessary to activate the committee and to formalize its relationship with the fiscal court and that is what approval of this resolution will accomplish.  Mr. Carl said this money is currently available at the state.

Commissioner Humpert made the motion to pass approval of the committee followed by a second from Commissioner Knochelmann, and the motion unanimously passed with the aye vote.

Ordinances

There were not any ordinances brought before the court.

Consent Agenda

Claims List-County Treasurer Jerry Knochelmann:  There being no questions regarding the claims list, Judge Drees said all warrants will be issued and the bills paid.

Administrative Actions

Handout No. 08-15

Authorization for Judge Executive Ralph Drees to sign a letter giving the Bank of New York permission to release the remaining funds from a bond for the Highland Terrace project:  Attorney Edmondson said this was an old bond issue that has matured and been paid off.  Technically, there is a little money left over and this is a process to allow this to be paid out.  Judge Drees asked what the bond issue was for and Mr. Knochelmann said it is a crossing off Kyles Lane and the county got into the building of something there back in 1997.

Mr. Kimmich said it was a situation that if an organization such as Highland wanted to issue bonds, they had to come through the fiscal court and the court was a place holder on the bonds.  This is one of the last ones that is outstanding where the court's name is on the bond.

Commissioner Knochelmann made the motion for approval; seconded by Commissioner Humpert and the authorization passed with the unanimous vote of aye.

Handout No. 08-16

Permission to sale lots 899,900,901 and 902 located in Latonia Lakes to Elaine Davis for the sum of $6,000:  Mr. Bailey said this person had bought a lot adjoining these and he had received a letter asking if the other lots were available and Ms. Davis submitted this bid.  Commissioner Humpert made the motion for approval with a second from Commissioner Knochelmann and the motion unanimously passed with an aye vote.

Handout No. 08-17

Requesting approval to extend the uniform and laundry services contract with Cintas Corporation, effective May 1, 2008 through April 30, 2009:  Commissioner Humpert made the motion for approval followed with a second from Commissioner Knochelmann and the motion passed with a unanimous vote of aye.

Handout No. 08-18

Revision to jail personnel plan for electronic monitoring program:  Mr. Carl said there were 44 persons on home incarceration and it is growing every day.  The judges have bought into it and are supporting it.  Commissioner Humpert asked what this cost was compared to being in jail every day and Mr. Carl said this cost was $9.25 per day versus $45.00.  Mr. Carl said that right now everyone was paying their fees and the big savings on this is with the juveniles and the program is going very well.  Mr. Carl said right now he has three part-timers and he would like to convert them into a one full-time position because with this program a full-time person is needed.  Mr. Kimmich said that under the statute all positions in the jail have to be approved by the fiscal court.

There being no further discussion to come before the court, Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with the voice vote of aye.

Executive Orders

Executive Order No. 08-32

Reappointment of Jan Steinman and Robert Rothert to the Sanitation District No. 1 for a term of four years, effective July 15, 2008:  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-33

Appointment of Wesley Williams to the Police Merit Board for a term of four years, effective March 21, 2008:  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-34

Appointment of Raymond Lape to fill the unexpired term of Elmer Schmidt on the Police Merit Board expiring on March 21, 2009 (effective April 8, 2008):  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-35

Reappointment of John Russell to the Kenton County Ethics Commission for a three-year term, effective October 14, 2007:  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-41

Reappointment of Wayne Speigel and John Dietz to the Linden Grove Cemetery Board, effective May 5, 2008:  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-42

Reappointment of Kathy Fricke and Mike Dunn to the Unified Code Enforcement Board, effective April 24, 2008:  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-36

Employment of Michael Schroer as a parks trustee at the Kenton County Department of Parks and Recreation:  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-37

Employment of Dan Rebilas, Thomas Krpata and Ken Chevalier to part-time positions at the Kenton County Golf Courses, effective April 7 and 8, 2008:  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-38

Employment of Kyle Hoover for a seasonal position at the Kenton County Golf Courses, effective April 7, 2008:  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-39

Acceptance of resignation of Diane Holloway from the Kenton County Animal Shelter, effective March 20, 2008:  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-40

Acceptance of resignation of Herbert Monford from the Kenton County Department of Buildings and Grounds:  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the voice vote of aye.

Citizens Address

There were not any citizens present to address the court.

Administrative Reporting

DEPUTY JUDGE EXECUTIVE-Scott Kimmich:  Two meetings ago the county clerk submitted an annual report for the court's approval.  The question arose as to how this differed from the general term order.  Mr. Kimmich said he had researched this issue and the general term order is something the fiscal court approves that sets the amount of money the county clerk is authorized to spend.  The report he has to send to the Governor's Office of Local Development specifically outlines where the receipts come from and where the disbursements come from, not only from property taxes, but all sources.  The county clerk will take in approximately $34,448,000 this year and will distribute to multiple agencies the sum of $33,132,000.  The remainder of that goes into his fee account and the clerk gets some of that and the county gets some.  If it has not been an approved expenditure, it will go into the state pool and come to the county at the end of the term.

In previous years when the term order was approved, it was considered that all documents were approved.  Now, the state wants a separate action by the fiscal court acknowledging that the clerk has informed the county of all potential receipts.  The court is being asked to acknowledge this document and it will be brought to the next meeting.

Commissioner Humpert made the motion to acknowledge receipt of the clerk's annual fiscal report to the state; seconded by Commissioner Knochelmann.

Mr. Miles said this is simply a statement of 2008 fees that were estimated.  In the past, this has been a guessing game but now we have gone to a system of really doing research and making it a true estimate of the fees received and disbursed.  This has to be required by the court and separate from the budget that was presented in January.

The motion was unanimously passed with the voice vote of aye. 

COUNTY TREASURER-Jerry Knochelmann:  Mr. Knochelmann said everyone should have a copy of the third quarter financial report.  In April, the state did buy all of the delinquent property tax bills so a check should be received sometime in April for $200 to $300,000 to get the county past the 100 percent on the property tax bills.  In some of the revenue areas that are over 100 percent in the intergovernmental portion, has to do with the county raising the 911 fees.  This was budgeted at the old fee and the new rate went into effect this year and this is why it shows over 100 percent.  The miscellaneous line item is where the county gets a lot of reimbursements such as salaries, etc. that flow through that are paid.

Commissioner Humpert asked if the county was getting anything from the state for the wireless 911 fees.  Mr. Knochelmann said yes that this shows up in the total of the intergovernmental line item.  Mr. Knochelmann said this is not all we need for this item because now they are only charging 70 cents per cell line and the county gets 43 cents of this.  The 911 fees have a lot to do with our expenses and have to do with the cellular and wireless expenses since this is where the expenses come from, but the county gets less money.

Mr. Knochelmann said all of the departments are operating with expenses where they should be and the total operating expenses for the county is 63 percent.

HUMAN RESOURCES DIRECTOR-Joe Shriver::  Nothing to report.

COUNTY ATTORNEY'S REPORT-Garry Edmondson:  Nothing new to report.

Commissioners' Reports

COMMISSIONER DAN HUMPERT-Nothing to report.

COMMISSIONER SARA VOELKER-Absent because of illness.

COMMISSIONER KRIS KNOCHELMANN-Commissioner Knochelmann said he would like to see the issue of trans care put on a future court agenda to be discussed.  He had seen an article in the paper and one of the city councilmen in Park Hills noted the lack of the court's involvement in this discussion.  He said he wanted to make sure that it goes on record that the court is open to always being involved with discussions.  He said he had not been contacted.

Commissioner Humpert said the newspaper article made it sound like it was a current discussion, and what the councilman was referring to was some past history from many years ago.  Judge Drees said this goes back to before he came to the court.  Commissioner Humpert said the cities of Erlanger and Covington decided on their own to go their separate ways and that killed a countywide system at that time.

Judge-Executive's Report

Judge Drees had nothing further to report.

Executive Session

There was no executive session called.

Adjournment

There being no further business to come before the court, Judge Drees asked for a motion to adjourn.  Commissioner Humpert made the motion; seconded by Commissioner Knochelmann and the court was adjourned with the unanimous voice vote of aye.